sometimes in politics, the best way to do that is to run against the federal government. that's the honest truth. >> john avlon, margaret hoover, thank you very much. >> thanks, victor. >>> president obama may be facing a high stakes supreme court battle because a federal appeals court unanimously ruled today that president obama's recess appointments to a federal agency are unconstitutional. the president named three people to the national labor relations board during congress' winter holiday break a year ago. they were former deputy labor secretary sharon block, attorney richard griffin, and attorney terrence flynn. now, today, a three-judge federal panel said those appointments are invalid because the senate was only in recess and technically still in session. let's bring in legal analyst jeffrey toobin. jeffrey, there are so many questions here. first, let's start with what is the next move? >> well, he will either ask the full appeals court to hear it, or go directly to the supreme court. you know, this is a very technical legal issue. but when you cut through the go